SECRETARY OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,

Respondent.

OSHRC Docket No. 89-2195

*_ORDER _*

This matter is before the Commission on a Direction for Review entered
by Commissioner Donald G. Wiseman on September 24, 1990.  The parties
have now filed a Stipulation and Settlement Agreement.

Having reviewed the record, and based upon the representations appearing
in the Stipulation and Settlement Agreement, we conclude that this case
raises no matters warranting further review by the Commission.  The
terms of the Stipulation and Settlement Agreement do not appear to be
contrary to the Occupational Safety and Health Act and are in compliance
with the Commission's Rules of Procedure.

Accordingly, we incorporate the terms of the Stipulation and Settlement
Agreement into this order.  This is the final order of the Commission in
this case.  _See_ 29 U.S.C. §§ 659(c), 660(a) and (b).

Edwin G. Foulke, Jr.
Chairman

Donald G. Wiseman
Commissioner

Velma Montoya
Commissioner

Dated: August 22, 1991

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LYNN MARTIN, SECRETARY OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,

Respondent.

OSHRC Docket No. 89-2195

*STIPULATION AND SETTLEMENT AGREEMENT*

In full settlement and disposition of the issues in this proceeding, it
is hereby stipulated and agreed by and between the Complainant,
Secretary of Labor, and the Respondent, Sprinkle Masonry, Inc., that:

1. This case is before the Commission upon respondent's contest of
Citation 2, items 1(a) and 1(b), which alleged willful violations of 29
C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), along with a
proposed penalty of $7,000; Citation 3, Items 1(a) and (1)(b), which
alleged repeat violations of 29 C.F.R. 1926.500(e)(1)(iv), along with a
propose penalty of $1,000; and Citation 4, Item 1 which alleged an
other-than-serious violation of 29 C.F.R. 1926.5(a).  The citations were
affirmed by the Commission's administrative law judge and a combined
penalty of $6,000 was assessed for the violations of 29 C.F.R.
1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10), and a combined penalty of
$1,000 was assessed for the two instance violations of 29 C.F.R.
1926.500(e)(1)(iv) (Decision and order, August 1, 1990).

2. The Secretary hereby amends Citation 2 to characterize the violations
of 29 C.F.R. 1926.451(a)(4) and 29 C.F.R. 1926.451(d)(10) as violations
of Section 17 of the Occupational Safety and Health Act, 29 U.S.C. §666.

3. Respondent hereby withdraws its notice of contest to Citation 2,
Items 1(a) and 1(b) as amended above and to the notification of proposed
penalty.

4. Respondent agrees that the above-mentioned violations have been abated.

5. This Stipulation and Settlement Agreement does not affect the judge's
disposition of the following citation items: Citation 3, Items 1(a) and
1(b); Citation 4, Item 1.  The parties agree to the Commission entering
an order affirming these citations and items.

Nothing set forth in this Stipulation and Settlement Agreement can be
construed as an admission of willful conduct on the part of respondent
for any violation for which a notice of contest has been withdrawn.  The
parties have entered into this stipulated settlement with the intent and
on the basis that is related solely to the disposition of this case and
is determinative of issues in this case only.   It shall not be binding
in any subsequent actions, proceedings or events consistent with the
terms of this Agreement and it in no way affects any rights, defenses,
or remedies which may be available in the future to Respondent or any
other party.

6. Respondent agrees to submit to the OSHA Area Office $7,000 in full
and complete payment of the penalty within 30 days of this Agreement.

7. Respondent certifies that a copy of this Stipulation and Settlement
Agreement was posted at the workplace on the 5th day of August, 1991, in
accordance with Rules 7 and 100 of the Commission's Rules of Procedure. 
There are no authorized representatives of affected employees.

8. Complainant and Respondent will bear their own litigation costs and
expenses.

ANTONY F. GIL
Counsel for the Secretary of Labor, U.S. Department of Labor Office of
the Solicitor

DONALD D. ANDERSON
Attorney for Respondent
(Sprinkle Masonry)
McQuire, Woods, Battle & Boothe

ELIZABETH DOLE, SECRETARY OF LABOR,

UNITED STATES DEPARTMENT OF LABOR,

Complainant,

v.

SPRINKLE MASONRY, INC.,
and its successors,

Respondent

OSHRC DOCKET No . 89-2195

REGION III

_*ORDER GRANTING MOTION TO SEVER*_

_*AND APPROVING SETTLEMENT*_

Complainant having moved to sever Citation 1, Items 1a and 1b from the
remaining citations and items litigated in the above captioned docket,
and it being represented that Respondent is in agreement with said
Motion, and the parties having advised the undersigned that the said
Citation 1, Items 1a and 1b have been amicably resolved and agree to
entry of the Order set forth below,

It is therefore *ORDERED*:

1. Citation 1, Items 1a and 1b are severed from the remaining citations
and items contested by Respondent and litigated by the parties in the
docket; and

2. The Stipulation of Settlement is approved and the terms thereof are
incorporated into this order; and

3. Items 1a and 1b of Citation 1 are modified in accordance with the
Stipulation of Settlement; and

4. The total penalty associated with Citation 1, Items 1a and 1b amounts
to $300.00.  Respondent agrees to pay the reduced penalty as set forth
in the Stipulation in Settlement.

Irving Sommer
Judge, OSHRC
Dated: August 21, 1990